Committing manslaughter is one of the most heinous punishable crimes that will affect millions of people around the world. Whether it is the victim, the perpetrator, or their families, everyone is forced to deal with the harsh reality of killing. There are various classifications of killing, two of which are voluntary and involuntary manslaughter. Although they both fall under the general realm of manslaughter, they two have a variety of differences, particularly in terms of the intent of the perpetrator.
What is Manslaughter?
If you watch the news in your area you might be aware of the term “manslaughter” but many people wonder what it really means. When charged, the person committing the crime is said to have been involved in the unlawful killing of an individual without an actual evil intention of killing the person. In some cases the individual will not be found to have a particular thought process involved with the crime itself. There cannot be a previous plan or intent to commit the unlawful killing, meaning that it is not premeditated.
What is Voluntary Manslaughter?
If you have ever heard of someone who has killed their significant other because they were in the heat of the moment, that would be a prime example of voluntary manslaughter. The perpetrator will be performing the act randomly and without any premeditation. All of the circumstances that led to the killing could have brought a lot of emotional distress to the person such as fear, rage, or jealousy and all of these emotions are what provoked the individual to commit the crime. Most of the time you will be dealing with a spouse killing their significant other or a bar fight where one violent act leads to the death of another person – completely unintentionally.
Charging Voluntary Manslaughter
There are a variety of factors that need to be taken into account before an individual can be charged with voluntary manslaughter. First, the court needs to make sure that there isn’t any premeditation. There also has to be evidence that the person committed a crime as a result of emotional or mental distress at the moment. The mental factors surrounding the act will surely determine what the final charges will be and their severity. It is the responsibility of the court to decide whether a reasonable person would have committed the same acts under the same situation or not.
What is Involuntary Manslaughter?
Similar to voluntary manslaughter, involuntary means that there cannot be a mental elements involved at any point of the unlawful killing. The main difference between the two is that with involuntary acts of violence means that there is not a mental component involved. For example, crimes that are a result of the heat of the moment cannot be included. You will find that involuntary manslaughter charges are assigned to cases where death results from negligence or the inability to be legally responsible at the time of the killing. Basically stating that the person who committed the murder did not intend to injure or murder the victim.
Depending on the jurisdiction you might find that involuntary murder is categorized differently into constructive manslaughter or criminally negligent manslaughter. The best way to describe this type of murder is to think of person A speeding down the road and person B crossing. If person A hits person B and kills them, they will most likely be charged with involuntary manslaughter. This would be a prime example of negligence and recklessness.
Charging Involuntary Manslaughter
Most murder cases that go to trial might acquire the charge of involuntary manslaughter as many defense attorneys seek this penalty instead of more severe punishments. In order to charge an individual with this type of murder they must show no premeditation, no emotional attachment to the situation or the individual, and exhibit recklessness and negligence that resulted in the murder.
The Penalties for Involuntary and Voluntary Manslaughter
One of the main things that has been debated throughout the world is the amount of time that people are expected to spend in jail after being convicted for involuntary or voluntary manslaughter. In one camp there are the people that believe all murderers should be punished equally whether found negligent or emotionally irresponsible. In the other camp you’ll find people who think the punishments should be less because at the time the person was emotionally incapacitated or because it was a mistake.
Both convictions result in a fine, which will vary depending on where you live. For voluntary manslaughter fines can be as high as $250,000 or more that can fluctuate based on the severity of the crime. Most convicted perpetrators are looking at 15 years of prison at the most, but again this may vary based on where you are located. For involuntary manslaughter there are smaller fines and up to 8 years in prison.
